R v Wran (a pseudonym) (No 2)

Case [2021] NSWDC 808


District Court


New South Wales

Medium Neutral Citation: R v Wran (a pseudonym) (No 2) [2021] NSWDC 808
Hearing dates: 29 July 2021
Date of orders: 13 August 2021
Decision date: 13 August 2021
Jurisdiction:Criminal
Before: P Taylor SC DCJ
Decision:

David Wran is:

(a)   On count 1, convicted of aggravated indecent assault of a child under 16 years.

(b)   On count 2, convicted of attempting to have sexual intercourse with a child aged between 10 to 14 years in circumstances of aggravation, namely that the victim was under his authority.

(c)   On count 3, convicted of attempting to have sexual intercourse with a child aged between 10 to 14 years in circumstances of aggravation, namely that the victim was under his authority.

(d)   On count 4, convicted of inciting a child aged between 10 and 16 to carry out a sexual act towards him, in circumstances of aggravation, namely that the child was under his authority.

2.   I impose an aggregate sentence of nine years and eight months’ imprisonment, with a non-parole period of seven years and three months, each to date from 27 July 2019. The period of imprisonment shall expire on 26 March 2029, and the offender shall be eligible for parole on 26 October 2026.

Catchwords:

SENTENCING — Aggravating factors — Abuse of position of trust or authority in relation to the victim

CRIME — Child sex offences — Attempted sexual intercourse with child >10 <16 — Indecent Assault – Incitement - Circumstances of aggravation

CRIME — Sexual offences — Indecent assault — Circumstances of aggravation

Legislation Cited:

CrimesAct1900, s 61HC, s 61M, s 66C, s 66DE, s 344A, s 578A

Crimes (High Risk Offenders) Act 2006, s 5I, s 9

Crimes (Sentencing Procedure) Act 1999, s 3A, s 5, s 21A, s 24A, s 53A, s 54A, s 54B, s 54D

Crimes (Sentencing Procedure)Amendment Act 2007, Sch 1, cl 10

Cases Cited:

BellvR [2019] NSWCCA 251

BT v R [2010] NSWCCA 267

Carlton v The Queen (2008) 189 A Crim R 332

Corby v R [2010] NSWCCA 146

DAC v R [2006] NSWCCA 265

Dawkins v R [2018] NSWCCA 278

Decision restricted [2017] NSWCCA 60

Franklin v R [2013] NSWCCA 122

Gregory John Walsh v R [2015] NSWCCA 83

Hartley v R [2020] NSWCCA 330

Hordern v R [2019] NSWCCA 138

Ibbotson (a pseudonym) v R [2020] NSWCCA 92

Jurd v R [2020] NSWCCA 91

Postiglione v The Queen (1997) HCA 26

R v BJW (2000) 112 A Crim R 1

R v BTW (2000) 112 A Crim R 1

R v Cage [2006] NSWCCA 304

R v Fisher (1989) 40 A Crim R 442

R v Gent [2005] NSWCCA 370; 162 A Crim R 29

R v KNL (2005) 154 A Crim R 268

R v LS; R v MH [2020] NSWCCA 148

R v MAK, R v MSK [2006] NSWCCA 381

R v PGM (2008) 187 A Crim R 152

R v…

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AGLC
R v Wran (a pseudonym) (No 2) [2021] NSWDC 808
Case
[2021] NSWDC 808
Decision Date

CaseChat Overview and Summary

The case of R v Wran (a pseudonym) (No 2) involved the sentencing of David Wran, who had been convicted of multiple child sex offences. The court had to determine the appropriate sentence, taking into account the aggravating factors such as the abuse of a position of trust and authority over the victims. The case was heard in the Supreme Court of a certain Australian jurisdiction.

The legal issues before the court included whether the aggravating factors were applicable and how they should be weighed in determining the appropriate sentence. The court also had to consider the principles of sentencing for child sex offences, as well as the specific aggravating circumstances in this case.

The court found that the aggravating factors were indeed applicable, given Wran's position of trust and authority over the victims. In determining the appropriate sentence, the court considered the gravity of the offences, the impact on the victims, and the need for deterrence and denunciation. The court imposed an aggregate sentence of nine years and eight months’ imprisonment, with a non-parole period of seven years and three months. The sentence was intended to reflect the seriousness of the offences and the need to protect the community.

In summary, Wran was convicted on four counts related to child sex offences, and the court imposed a sentence of nine years and eight months' imprisonment, with a non-parole period of seven years and three months.

Orders

Orders of the court

David Wran is:

(a) On count 1, convicted of aggravated indecent assault of a child under 16 years.

(b) On count 2, convicted of attempting to have sexual intercourse with a child aged between 10 to 14 years in circumstances of aggravation, namely that the victim was under his authority.

(c) On count 3, convicted of attempting to have sexual intercourse with a child aged between 10 to 14 years in circumstances of aggravation, namely that the victim was under his authority.

(d) On count 4, convicted of inciting a child aged between 10 and 16 to carry out a sexual act towards him, in circumstances of aggravation, namely that the child was under his authority.

2. I impose an aggregate sentence of nine years and eight months’ imprisonment, with a non-parole period of seven years and three months, each to date from 27 July 2019. The period of imprisonment shall expire on 26 March 2029, and the offender shall be eligible for parole on 26 October 2026.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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